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Appendix: Comprehensive and Novel Aspects ofGender-Related Claims 1. Perpetrator relation, location, status A. Relation to claimant 1. Member of immediate «social world" of claimant (especially family , community) 2. «Outside" immediate social world of claimant B. Location at time of victim's claim 1. Receiving country (principle applicant, spouse/dependent, or none) 2. Sending country (as in traditional refugee claims) C. Status 1. Public official (government, military, law or enforcement) 2. Kinship or close connection with public officials 3. State or religious sanctioned status and behavior of males toward females generally 4. Unofficially condoned (customary state, religious, cultural practices ) status and behavior of males toward females II. Claimants with children A. Status and protection issues 1. Children born in country of origin a) Custody issues in country of origin under religious or customary law b) Custody issues due to father's position of authority in country of origin 2. Children born in receiving country a) Custody issues in country of origin (above) that endanger children if deported with mother b) Custody issues in receiving country that may endanger children if mother is deported B. Rights issues 1. Child's right to nationality versus right to have a mother 268 Appendix 2. Claimant's right to motherhood and family C. Evidence in children's case affecting mother's claim 1. Evidence of child abuse 2. Having children as an infraction of the law or social code 3. Responsibility for protection of children adding weight to the mother's claim III. Claimant activism A. Defiance of cultural, religious, and/or state sanctioned norms regarding social roles and behaviors B. Adherence to cultural, religious, and/or state sanctioned norms that are inherently discriminatory and persecutory; in some cases claimants have been prevented, under threat of persecution, from defying or seeking internal protection from cultural, religious, and/or state sanctioned norms C. Familial relation to political activist, resulting in political opinions being imputed to the claimant IV. State role in persecution A. Active enforcement of government legislation that severely discriminates against females and/or imposes severe sanctions for transgressions of these laws B. Government legislation or unofficial cultural codes (as above) not actively or regularly enforced by the government but by family and community in the context of lack of state protection c. State unwillingness or inability to enforce existing legislation that bans or provides protection from social practices harmful to females D. Existing legislation that bans or provides protection from social practices harmful to females is insufficient even if fully implemented V. Gender-inclusive and sex-specific structural causes of persecution A. Women persecuted as women and/or in a manner specific to women, by members of their own race, religion, nationality, political opinion, or social group, as part of traditional practices and repressing women as a group B. Women persecuted as women and/or in a manner specific to women, by nonmembers of their own race, religion, nationality, political opinion, or social group, as part of intergroup tensions and as a way to harm the larger group Source: Analysis of Reflex cases, 1993-1996. See Chapter 6 for a discussion. ...

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